Transport Map Could Land Naughty Dog In Legal Trouble

Creator is "f***ing furious."

Jim Hargreaves, 2 years ago, 60 comments.

Survival action masterpiece, The Last Of Us, is a beauty of a game to behold. Behind its nail-baiting gameplay and compelling story is a level of detail that few games will ever match on current-gen hardware. However, Naughty Dog’s pursuit in sculpting this authentic, believable setting could lead to a potential copyright lawsuit.

Twitter user, Neo781, recently highlighted just how accurately the developer had recreated a transport map found during one of the game’s early stages.

Wow they actually accurately portray the subway map of Mass and have all the colors and names of stops correct. pic.twitter.com/ovIG3ncqCr

The map in question looks strikingly similar, if not identical, to that of designer Cameron Booth, who posted the original on his blog back in 2012:

“Basically, I’m fucking furious,” tells Booth in a recent post. He claims that the map was used in The Last Of Us without notice or consent:

For a software developer — especially a big developer working on a blockbuster title like this — to casually appropriate someone else’s work and incorporate it into their game without any discussion with the owner of that work is completely unacceptable.

Unfortunately we don’t have an expert on American copyright law to hand but, in general terms, using someone else’s work in your own creation is deemed unlawful if the originator is not duly credited, especially in commercial products.

I am attempting to open communications with them now to ask where they came across the image, how it ended up in their game (with very pointed questions about their approvals and legal process), and what kind of compensation I can expect for the theft of my work.

If Naughty Dog are unable to prove that the map is its own original work, chances are, Mr. Booth can expect an apology a fair amount of compensation.

I’m not really sure I get thi. Is that actually the subway map of a real life place? Hardly amazing putting a subway map in your game. Does the designer work for the subway? Is he a game developer? Maybe they had permission from the transport office. Is it a made up subway map? I’m confused!

A map as a concept isn’t copyrighted if you produce your own work. However, specific designs of a map fall under copyright and you shouldn’t rip off someone else’s work without permission. For instance, the London tube map falls under copyright and you shouldn’t use it in a commercial product without permission.

I don’t totally understand either. I think it’s a real map that this guy has made. However, why wouldn’t Naughty Dog be allowed to use a real map? I think it’s because the design of the map is so similar to Mr Booth’s. I’d probably be a little angry too, if I was him.

Personally I think First Great Western trains and, more importantly Harry Beck (I believe the man behind the tube map, sadly no longer with us) would have more of a cause to get miffy. Get this clown out of here! Its not like ND have used it for commercial gain. Goon.

Actually ND have used it for commercial gain as you have to pay to buy TLOU. The copyright law us a little bit grey as far as I’m aware as I think if the image has been changed/modified enough it can be deemed an original creation.

I can sympathise with his point if view though – I have been through a similar thing when some of my CGi work was copied off of a website feature and then used by a prominent car manufacture in their advertising. Flattering but at the same time I hadn’t worked my arse off on something for someone else to get paid for it!!

Have to say I cant agree ND have used it for commercial gain. Surely that implies that ND at some point felt the game may do commercially better with the map included than without it and Im sure thats not the case.

‘Fucking furious’ seems like a massive overreaction. That sort of thing should be saved for when he contacts Naughty Dog and they flat out refuse to pay him any rights for it. I highly doubt they did it on purpose and they seem like the sort of guys that would correct any wrongs, they surely have plenty from the Uncharted series and now TLOU.

I agree. His public ramblings sounded like those of a child. Why not contact ND first and see what happens?
Anyways, his map is in no way essential to the game. They can patch it out and nothing would change. It’s not like you are actually using the subway system to get around and use the map to do so. Can’t imagine he gets some money out of this but I’m not a legal expert…
I could make a cheap joke about art students, working at Starbucks and the need for money but it’s way too early…

As a creative company it is their responsibility to ensure they source their texture assets from legitimate resources. If they have just pulled it from google then that was extremely stupid – a junior error.

I love ND and I think their games are amazing – but if some cracked the TLOU disc and pinched their character walk cycles (for instance) and then incorporated it into a product they were selling? Naughty Dog would be calling the lawyers without hesitation.

Pathetic in my opinion. It’s not as if they have stolen his work for financial gain, the game would have been just the same without it there. I would be pleased that a developer thought enough of my map to include it in their game anyway. Maybe he was bullied as a child and can’t let go…

Well, i wouldn’t put it past them – apparently they also tried to nick Ellen Paige’s face! :)

I think it’s most likely that ND have a legal expert dedicated to ‘proofing’ all their content before it get’s published and i doubt very much that there was any intent to steal his property. It’s hardly a big deal in the context of the whole game but it’ll be interesting to hear how it’s resolved.

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